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the 21 million americans hoping for health care and "the new york times" frank bruney weighs in on doma and cage for marriage equality when "now" starts in just three minutes. n't my daughs black bean soup spectacular? [ man thinking ] oh, this gas. those antacids aren't working. oh no, not that, not here! [ male announcer ] antacids don't relieve gas. gas-x is designed to relieve gas. gas-x. the gas xperts. gas-x is designed to relieve gas. when you lost the thing you can't believe you lost.. when what you just bought, just broke. or when you have a little trouble a long way from home... as an american express cardmember you can expect some help. but what you might not expect, is you can get all this with a prepaid card. spends like cash. feels like membership. ♪ but the fire is so delightful ♪ nothing melts away the cold like a hot, delicious bowl of chicken noodle soup from campbell's. ♪ let it snow, let it snow when you take a closer look... ...at the best schools in the world... ...you see they all have something very interesting in common. they have teachers... ...with a dee
the 21 million americans hoping for health care and "the new york times" frank bruney weighs in on doma and cage for marriage equality when "now" starts in just three minutes. n't my daughs black bean soup spectacular? [ man thinking ] oh, this gas. those antacids aren't working. oh no, not that, not here! [ male announcer ] antacids don't relieve gas. gas-x is designed to relieve gas. gas-x. the gas xperts. gas-x is designed to relieve gas. when you lost the thing you can't...
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Dec 8, 2012
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>> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads to the supreme court to review the case. everyone thought they would take the case. i think they are going to do the right thing and strike it down. the other case is much more complicated. the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the case says there's this definition passed by a ballot initiative that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says the
>> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads...
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that's a big step. >> you can decide as the obama administration has not to defend doma. there's still consequences to doma being on the book and reasons why it has to go away. >> absolutely. >> if you are a same-sex couple and married it in one of the states you're now legally married and one dies you face estate tax situations. >> yeah. >> that a heterosexual couple doesn't. every time you file federal taxes you are treated differently. it says these relationships are lesser. i think we've evolved to a point this country where we accept gay and lesbian people as equal and say their relationships in the federal law are lesser than we're saying they're lesser. >> how it fits with the immigration debate as well. >> certainly. it's presently worth noting that bill clinton should maybe take a page from the joe biden playbook because he after all is the person we have to thank -- >> the joe biden playbook. >> and taking a page from it. >> thank you to ari, joy and frank for joining me today. that is all for us here at "now." see you back tomorrow at noon eastern, 9:00 a.m. pa
that's a big step. >> you can decide as the obama administration has not to defend doma. there's still consequences to doma being on the book and reasons why it has to go away. >> absolutely. >> if you are a same-sex couple and married it in one of the states you're now legally married and one dies you face estate tax situations. >> yeah. >> that a heterosexual couple doesn't. every time you file federal taxes you are treated differently. it says these...
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so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government is meddling with the state definitions of marriage. with respect to the prop 8 case, i think again kennedy, because of these two cases i mentioned, is likely to be sympathetic but may be incremental. he may say something along the lines of one state or eight states have to flip. i don't think he'll flip all 41. >> we always appreciate your valuable insight. we hope you'll stick around for the next few months and continue to provide that as we wade through what is undoubtedly going to be a fairly complex case, as well. good saturday to you, sir. thank you for your time. >>
so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government...
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Dec 8, 2012
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the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the perry case says there's this definition passed by a ballot initiative in 2008 that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says there's a fundamental right for same-sex couples to marry, that could flip the remaining 41 states that don't have same-sex marriage to require them to have same-sex marriage. i don't think that's going to happen. i think there's many weigh stations between 0 and 50. for example, the court could look at this and say there are a bunch of states, eight states that say we're going to give you the rights and benefits of marriage but we're going to withhold the word marriage. the court can look and say you're worried about is brand. all you're saying is if you let gays into marriage that's going to diminish the brand. we're going to strike that down. we're going to add those s
the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the perry case says there's this definition passed by a ballot initiative in 2008 that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says there's a fundamental right for same-sex couples to marry, that could flip the remaining 41 states that don't have...
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Dec 10, 2012
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or would, if the supreme court rules against doma. >> if the supreme court rules against doma, nothing changes. >> if they rule for california? >> uh-huh. >> how about all of those other state constitdeletions? automatically invalid dated. >> the 9th circuit, when they decided the case they ruled very narrowly. they said because california had the right, california same-sex couples had the right to marry. then it was taken away from them, that this was similar to the 1996 supreme court case when the colorado voters had amended their constitution and it was a case rommer versus evans in which the voters had taken away ability for any city in colorado to have a non-discrimination policy based upon sexual orientation. the court there had said you can't take away people's rights to enter the system. >> bill: the court could say it's up to the states? >> the court could say you can't take away rights. >> bill: uh-huh. >> you have already granted. that would only impact the state of california. but they could also say that the 14th amendment to the constitution guarantees fundamental rights
or would, if the supreme court rules against doma. >> if the supreme court rules against doma, nothing changes. >> if they rule for california? >> uh-huh. >> how about all of those other state constitdeletions? automatically invalid dated. >> the 9th circuit, when they decided the case they ruled very narrowly. they said because california had the right, california same-sex couples had the right to marry. then it was taken away from them, that this was similar to...
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Dec 7, 2012
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so i think that doma law goes by the wayside. the second question is an equal protection question and goes specifically at the california referendum which -- >> the proposition 8. >> the proposition, proposition 8, which makes it illegal under california law to have gay marriage. they will look at that under the equal protection clause. i think it's a little bit hazardous to anticipate where the court will go on that question, and i would be reluctant to do that, but that's kind of an equal protection question. the request he is will the court be ahead of where the public is or behind the public. this is a question that eventually sooner or later, probably sooner, the public will come around to recognize and already is showing by the polls that marriage equality should be considered a fundamental constitutional right. >> professor peterson, to julian's point, despite its rulings on the president's health care law, on immigration, this court maintains a conservative tilt. is this necessarily good news for supporters of same-sex ma
so i think that doma law goes by the wayside. the second question is an equal protection question and goes specifically at the california referendum which -- >> the proposition 8. >> the proposition, proposition 8, which makes it illegal under california law to have gay marriage. they will look at that under the equal protection clause. i think it's a little bit hazardous to anticipate where the court will go on that question, and i would be reluctant to do that, but that's kind of...
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ruling in favor of the arc of history and civil rights, given the fact that they're taking up both doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot of benefits that come from the federal tax code, that people who get married need to enjoy if you're going to have a fair and equitable situation in society. so i think they made a big step forward here. and, you know, the court is a hard place to read. unfortunately, it's not like the election. well don't have nate silver to read every morning to tell us how it's going to turn out. but we'll all be watching closely. >> chris, there is a third issue that the justices haven't taken up yet, and that's an arizona law that bars some same-sex spouses from access to state benefits. where do we go on that? what
ruling in favor of the arc of history and civil rights, given the fact that they're taking up both doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot...
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cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in what world do potatoes, bacon and cheese add up to 100 calories? your world. ♪ [ whispers ] real bacon... creamy cheese... 100 calories... [ chef ] ma'am [ male announcer ] progresso. you gotta taste this soup. i tell them dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can grow and multiply. polident is specifically designed to clean dentures daily. its unique micro-clean formula kills 99.9% of odor causing bacteria and helps dissolve stains, cleaning in a better way than brushing with toothpaste. that's why i recommend using polident. [ male announ
cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in...
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Dec 10, 2012
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the doma case has a very straight forward question. is it constitutional for a federal law to say that the government will not recognize marriages even when they're legal in the states, so that if married couples get married in the nine states where it's now legal, the federal government doesn't recognize those marriages. there's a question about whether that's unconstitutional discrimination, but if the supreme court does strike down doma, it doesn't say anything about whether the states must permit same-sex marriage, it only says if they do, the federal government must recognize them. so it's the proposition 8 case from california that potentially raises the bigger question. now, as it comes to the supreme court, it comes in a very narrow way. the court of appeals, which agreed with the trial court, that proposition 8 striking down gay marriage in california was unconstitutional, it ruled in a very narrow way. it said california was wrong to grant the right and then take it away. you can't do that, apeeldz court said. if the supreme
the doma case has a very straight forward question. is it constitutional for a federal law to say that the government will not recognize marriages even when they're legal in the states, so that if married couples get married in the nine states where it's now legal, the federal government doesn't recognize those marriages. there's a question about whether that's unconstitutional discrimination, but if the supreme court does strike down doma, it doesn't say anything about whether the states must...